MacKenzie v Minister for Natural Resources and Mines

[2005] QLC 48

LAND COURT OF QUEENSLAND

CITATION:

MacKenzie v Minister for Natural Resources and Mines  [2005] QLC 0048

PARTIES:

David James MacKenzie
(applicant)

v.

Minister for Natural Resources and Mines
(respondent)

FILE NO:

LA2005/1010

DIVISION:

Land Court of Queensland

PROCEEDING:

In the matter of an application for a declaration under Section 33(1)(a) of the Land Court Act 2000 ordering the respondent to complete the internal review of a decision refusing a tree clearing permit pursuant to Part 3 of Division 2 of the Land Act 1994.

DELIVERED ON:

15 September 2005

DELIVERED AT:

Brisbane

HEARD:

On the papers without an oral hearing:  Rule 36 of the Land Court Rules 2000.

MEMBER:

The President

ORDERS:

1. The application for a declaration under s.33(1)(a) of the Land Court Act 2000 is granted.

2.         The respondent is to complete the internal review and communicate the result of and the reasons for the decision to the applicant by 4.00 p.m. on 29 September 2005.

3.         The respondent will pay the applicant's costs in the amount of One Thousand Dollars ($1,000) by 4.00 p.m. on 29 September 2005.

CATCHWORDS:

Practice and Procedure - Application for a declaration - Appeal against refusal of tree clearing application - No review decision - Land Court Act s.33(1)(a); Land Act 1994 s.426

SUBMISSIONS BY:

Mr P Sheridan for the applicant
Mr M Heather for the respondent

1. This matter concerns an application to the Court for a declaration and orders that the respondent complete an internal review of a decision refusing an application by the applicant for a tree clearing permit.

Background

1. In October 2001 the applicant submitted an application for a tree clearing permit pursuant to Part 6 of the Land Act 1994. On 7 July 2004, the applicant received a notice that his application for a tree clearing permit had been refused. On 20 August 2004, the applicant requested an internal review of the decision to refuse the permit pursuant to Part 3, Division 2 of the Land Act 1994.  As at the date of the present application, the internal review had not been completed.

Relief Sought

1. The applicant seeks a declaration and orders that the respondent complete the internal review and that the decision be communicated to the applicant within 14 days of the order of the Court.

2. The application was set down for hearing on 15 October 2005. 

3. On 14 October 2005, the parties agreed that this matter be determined by consent and agreed to the following orders.

Orders

1.The application for a declaration under s.33(1)(a) of the Land Court Act 2000 is granted.

2.The respondent is to complete the internal review and communicate the result of and the reasons for the decision to the applicant by 4.00 p.m. on 29 September 2005.

3.The respondent will pay the applicant's costs in the amount of One Thousand Dollars ($1,000) by 4.00 p.m. on 29 September 2005.

JJ TRICKETT

PRESIDENT OF THE LAND COURT